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Original poster

Do I have to pay for the car?

22 replies

mybeautifulson · 30/01/2022 16:42

Left ExH

He took out an unsecured loan for a car for 10k.

The car is registered to me (which I understand doesn't mean everything)
The insurance is in my name only (again I don't think this matters)

We part exchanged a car when we bought the current car. The previous car was registered to me - it was my car. The car we bought was 12.5k, part exchangers with my car for 5.7k

He paid the remaining 6.5k - I have the receipt for this using part of the loan he took out.

The actual documents I have from the car dealership are all in my name. The only thing that is in his name is the receipt for 6.5k

Like I say, the loan is unsecured through the bank.

Where do I stand on having to pay him the 6.5k back?

I'm waiting on a solicitor but it's really playing on my mind.

Our home was rented. I have left him with absolutely everything in the house.

It's a domestic violence case and the police are involved, which again amounts to nothing I know but I cannot contact him regarding this and he is not allowed to speak to me

OP posts:
CPGyellowwallpaper · 30/01/2022 16:47

No idea on the legality but sending supportive hugs.

alwayswrighty · 30/01/2022 16:53

Are you divorced, or divorcing? When I got divorced all savings and debt were taken into account and we met 50/50. If there is no savings I'm not sure what that looks like.

HirplesWithHaggis · 30/01/2022 16:54

I am not a lawyer, but I think you have no legal obligation to pay him, and unless he has a written agreement with you he's unlikely to be able to force you through court action. Morally, maybe you should, but then again you left all the house stuff, which probably adds up to the same or more, so meh.

Original poster
mybeautifulson · 30/01/2022 17:01

@alwayswrighty

Are you divorced, or divorcing? When I got divorced all savings and debt were taken into account and we met 50/50. If there is no savings I'm not sure what that looks like.
We are at the start of divorcing. We already split the savings - he is spending his on crap and the single life style and I'm obviously saving as much as I can and being careful but I'm also entitled to legal aid.

I have no idea either, I just hate the uneasy feeling

OP posts:
Original poster
mybeautifulson · 30/01/2022 17:04

@HirplesWithHaggis

I am not a lawyer, but I think you have no legal obligation to pay him, and unless he has a written agreement with you he's unlikely to be able to force you through court action. Morally, maybe you should, but then again you left all the house stuff, which probably adds up to the same or more, so meh.
Yeah there is nothing in writing that says I have to pay him anything.

Obviously I'm not going to hand him any money over as who's to say that's for the car? It needs to be done through a solicitor.

Morally I should give him the money but when he met me he had absolutely nothing. I've given him the nice house, the furniture everything. He walked all over me, abused me. I can't let him have my savings or else I'd be walking away with absolutely nothing

OP posts:
alwayswrighty · 30/01/2022 17:04

Have you got a separation agreement in place? I'll be honest it's been 6 years since my last divorce but I've got a feeling anything you have up until the financials are done will be used for settlement, and the starting position is 50/50 which may mean you have to contribute to that debt. Hopefully I'm wrong.

alwayswrighty · 30/01/2022 17:06

Also. I put 100k of my own money into our joint property. He put 0. He walked away with 40k of it.

I won't tell you how I felt.

Original poster
mybeautifulson · 30/01/2022 17:16

@alwayswrighty

Also. I put 100k of my own money into our joint property. He put 0. He walked away with 40k of it.

I won't tell you how I felt.

Oh gosh. I'm so so sorry. That's ridiculous, I can't even imagine. Made my blood boil reading it. It's one of the many reasons I left, he's a gambling addict and my parents....well not exactly wealthy but I know I will be left a certain amount of money when the inevitable happens.
OP posts:
Original poster
mybeautifulson · 30/01/2022 17:17

@alwayswrighty

Have you got a separation agreement in place? I'll be honest it's been 6 years since my last divorce but I've got a feeling anything you have up until the financials are done will be used for settlement, and the starting position is 50/50 which may mean you have to contribute to that debt. Hopefully I'm wrong.
We have absolutely nothing in place. I'm seeing a solicitor this week hopefully. He isn't allowed to speak to me so everything will be done through a solicitor.

It's just a waiting game and I feel so uneasy about it all

OP posts:
alwayswrighty · 30/01/2022 17:43

Limbo is a horrible place to be. How long have you been married? From what I remember that has an impact too.

Original poster
mybeautifulson · 30/01/2022 17:57

@alwayswrighty

Limbo is a horrible place to be. How long have you been married? From what I remember that has an impact too.
We've been married 4 years 4 months. Not a huge amount of time. That's good to know - thanks

I keep researching my own info but everything seems to be different on different websites

It really is, I'm hoping I can get some better info tomorrow

OP posts:
alwayswrighty · 01/02/2022 16:20

@mybeautifulson how did you get on? Flowers

Hope you're ok

beesfeet · 01/02/2022 16:38

[quote alwayswrighty]@mybeautifulson how did you get on? Flowers

Hope you're ok[/quote]
The solicitor was absolutely useless to be honest. She said the car has nothing to do with divorce. Divorce should be simple.

He can take me to court regarding the car but he said the judge would look at the circumstances and probably would go in my favour.

She also said I should suggest handing my son over to exH's girlfriend in regards to access to our DS. Who has only been with a couple of weeks! I was absolutely mortified any solicitor would suggest this be a reasonable way to handle childcare when domestic abuse is involved.

Safe to say I won't be using her going forward but as far as the car goes, I think I'd have a good case if he took me to court. I'm speaking to another solicitor on Friday who will hopefully be more reasonable with my other circumstances!

alwayswrighty · 01/02/2022 19:29

I mean I agree with a third party, but a girlfriend your ex has been with that length of time. Solicitor must be batshit 🤣

liltreasuretree · 02/02/2022 07:54

The person who took the loan/finance out is liable for the repayments. It makes no difference who's name is on the V5 or insurance documents.
I very much doubt he will take you to court over it and even if he did, you just say he gifted you the car at time of purchase. He has no proof to say that didn't happen.

beesfeet · 02/02/2022 09:09

@liltreasuretree

The person who took the loan/finance out is liable for the repayments. It makes no difference who's name is on the V5 or insurance documents. I very much doubt he will take you to court over it and even if he did, you just say he gifted you the car at time of purchase. He has no proof to say that didn't happen.
Yeah the police told me this too. He wanted to get me the car as he thought I needed a bigger one. I didn't even want the car in the first place...I'll happily take it now though!

Thank you for that

CrotchetyQuaver · 02/02/2022 09:19

Sorry if I missed something but is the car loan all paid back now or still running? It wasn't clear from my reading of your post.

My main concern is the risk of the car being repossessed if there's money outstanding on it and the ex not paying.

beesfeet · 02/02/2022 10:03

@CrotchetyQuaver

Sorry if I missed something but is the car loan all paid back now or still running? It wasn't clear from my reading of your post. My main concern is the risk of the car being repossessed if there's money outstanding on it and the ex not paying.
Yes he's still paying it. The loan is in his name, it was coming out of our joint account but I have removed my name off the account now. Not that it will make much difference.

I'm hoping to speak to a better solicitor on Friday so I'll see what they say

Mosaic123 · 02/02/2022 14:39

Cars are very highly priced at the moment. When you get the car, if you want to, sell it and but be something you like.

Mosaic123 · 02/02/2022 14:39

Buy one you like

liltreasuretree · 02/02/2022 19:42

@CrotchetyQuaver I read the post as though OPs exH had taken out a separate bank loan for the car, rather than actual car finance (I could be wrong though). If this is the case and the loan isn't directly linked to the car then the car cannot be repossessed.

beesfeet · 02/02/2022 20:04

[quote liltreasuretree]@CrotchetyQuaver I read the post as though OPs exH had taken out a separate bank loan for the car, rather than actual car finance (I could be wrong though). If this is the case and the loan isn't directly linked to the car then the car cannot be repossessed.[/quote]
Yes this is correct. It was a bank loan that is in no way linked to the car

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